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(Viner v. Sweet)
 

Cause-BAJI No. 3.76-Cause of Damage, Loss or Harm
(Viner v. Sweet)

[7]           The trial court instructed the jury, consistent with BAJI No. 6.00, “The essential elements of a claim for professional negligence, each of which plaintiffs must prove by a preponderance of evidence, are:  [¶]  (1)  The defendants were negligent; and [¶]  (2)  The negligence of the defendants caused plaintiffs to suffer damage, loss or harm.”  The court then instructed according to BAJI No. 3.76, “The law defines cause in its own particular way.  A cause of damage, loss or harm is something that is a substantial factor in bringing about [] damage, loss or harm.”  Modifying BAJI No. 14.00, as requested by the Viners, the court explained, “If, under the court’s instructions, you find that plaintiffs are entitled to a verdict against defendants, you must then award plaintiffs damages in an amount that will reasonably compensate for each element of claimed damage subject to being reduced, as you have been instructed, if you should find the plaintiffs were contributorily negligent, provided that you find that such harm or loss was suffered by plaintiffs and was caused by the act or omission upon which you base your finding of liability.”  Finally, the trial court also explained at the request of the Viners, “An innocent party damaged by the acts of another will not be denied recovery simply because precise proof of the amount of damage is not available.  The law only requires that some reasonable basis of computation be used, and will allow damages so computed even if the result reached is only an approximation.”
Viner v. Sweet 4/23/04 CA2/7B138149A-professional negligence
 

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